Fernandes v. Valenciano ( 2021 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
26-APR-2021
11:02 AM
Dkt. 13 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MARY ANN O. FERNANDES and MARY ANN K. BODE, in her capacity as
attorney-in-fact for MARY ANN O. FERNANDES, Petitioners,
vs.
THE HONORABLE RANDAL G.B. VALENCIANO, Judge of the Circuit Court
of the Fifth Circuit, State of Hawai#i, Respondent Judge,
and
ANNETTE HASHIMOTO and ALAN HASHIMOTO, Respondents.
ORIGINAL PROCEEDING
(Case No. 5CC1610000099)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioners’ petition for writ of
mandamus, the documents attached thereto and submitted in support
thereof, the supplemental declaration of counsel, and the record,
it appears that the circuit court has orally ruled upon the
motion to dismiss, which addresses the relief requested in this
original proceeding. While the written order formalizing the
court’s decision has not yet been entered, at this juncture, it
does not appear that the requested extraordinary writ is
warranted. See Kema v. Gaddis, 91 Hawai#i 200, 204-05, 982 P.2d
334, 338-39 (1999) (a writ of mandamus is an extraordinary remedy
that will not issue unless the petitioner demonstrates a clear
and indisputable right to relief and a lack of alternative means
to redress adequately the alleged wrong or obtain the requested
action). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, April 26, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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